General Terms of Sale

Purpose of the website and designation of parties

The current website is edited by LJC International, an SAS with a capital of 10000 €, registered with the trade and companies of Nanterre under the number 53842261900014, and whose headquarters are located at 21 rue Gardenat Lapostol, 92150 Suresnes - France. 

Intracommunity VAT number: FR07538422619. 

The website is hosted by Oxatis whose headquarters are located at 18, rue de la Butineuse, 13015 Marseille reachable by phone at the following phone number: +33(0)108201022. 

The website’s publication director and the editing director is Claudia Teixeira Ghiringhelli. 

The website is open access and free to all web users.

Entering into a contract governed by these general conditions with the publisher of this website implies the user’s acceptance of these general terms and conditions. The user recognizes the same fact by becoming fully aware of it. This acceptance will occur by placing an order on the site.

This fact shall be deemed to have the same value as a handwritten signature on the part of the user. The user recognizes the value of the proof of the website publisher’s automatic registration systems and, except when he provides evidence to the contrary, he waives the right to contest them in the case of a dispute. The acceptance of the general conditions implies on the part of the user that he has the legal capacity necessary to do this, or if not, that he has the permission of a guardian or a trustee, his legal representative if he is minor, or that he has a mandate when acting on behalf of a legal person.                                                                                   

Modality of subscription orders and purchasing process overview

In order to comply with the provisions of the Act of trust in the digital economy of 21 June 2004, the ordering process will be described hereinafter: to place an order, Internet users will be able to select one or more objects and add them to their shopping cart. When their order is complete, they will be able to access their shopping cart by clicking on the button provided for this purpose.     

By viewing their cart, members shall have the right to verify the number and the nature of the items they have chosen and will be able to check their unit price and the total price of the order. They will be able to remove one or more objects from their shopping cart. 

If they are satisfied with their order and wish to validate it, users will be able to click on the validate button. They will then have access to a form in which they can either enter their login credentials if they already have them, to register on the website by completing the form that is presented with personal information about them.

Once they are logged in or after they have fully completed the form, customers will be invited to check or modify their delivery and billing details, and then they will be invited to make payment by being redirected to the secure payment interface.

Once the payment is actually received by the site’s publisher, the latter undertakes to acknowledge receipt to the customer electronically, within a maximum period of 24 hours. Similarly and within the same timeframe, the publisher undertakes to send the customer an e-mail summary of the order and a processing confirmation. It will also contain all information relating to the order, the products ordered, delivery, as well as the procedures for exercising their right of withdrawal.

The prices indicated on the site are expressed in Euros, including tax for intra-community deliveries, excluding tax for EU deliveries, and excluding delivery costs. These prices may be changed at any time by the publisher; prices are only valid on the day of the order and do not carry effect for the future.

Delivery charges will be, in any event, indicated to the client before any payment. Products and articles sold remain the property of the seller until full payment of their price, in accordance with the ownership reserve clause.

Product availability is indicated on the website on each item’s description page.

Information related to payment

The internet user may place an order on the website, and he may make payment using a bank card or PayPal. 

Bank card payments are made using a means of secure transactions furnished by the provider: BNP PARIBAS. 
As related to bank card payments, the website publisher has no access to information related to the user’s method of payment. Payment is made directly to the bank establishment. 

Delivery time defined in the article below only begins on the date the payment is received by the seller, and the latter can prove it using any method. 

Delivery or provision

Orders are delivered by La Poste, TNT, or another carrier chosen by the seller. Products are delivered to the address indicated by the consumer on the order, only in the areas serviced by the seller. 

The delivery time is on average 3 days after the package departure notice. Certain products or certain order volumes may justify a delay in delivery greater than 3 working days. It will be brought to the consumer’s attention during order validation. As with all shipping, delays or lost products are possible. In such a case, the website publisher will contact the carrier to begin an investigation. Every effort will be made to find the package. In the event that the package is not delivered within 15 days after the package’s departure, an identical product may be sent or the purchaser may request a refund of his order.

We disclaim all responsibility when deliveries are delayed as a result of the carrier, in the event of product loss, weather, or a strike.

Delivery problems as a result of the carrier

Any anomaly concerning delivery (damage, a missing product compared to the delivery order, a damaged parcel, broken products...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer’s signature.

At the same time, the consumer must confirm this anomaly by addressing it with the carrier within (2) two business days following the delivery date in an email, and acknowledgement of receipt exposing such claims is recommended.

The consumer must transmit a copy of this email to the SELLER’S ADDRESS. Without this statement, we will not proceed with any exchange.

In the event that the parcel is indicated as "delivered" but the customer indicates that he has not received it, he must contact the seller within 7 days of said delivery to initiate a refund/exchange procedure. The seller will provide the customer with documents to be completed and returned within 15 days in order to open an investigation with the carrier. After this period, the customer will no longer be entitled to a refund/exchange.

Delivery Errors

On the same day as the delivery, or no later than one business day after delivery, the consumer must make any delivery error complaint and/or non-conformity of products in kind or in quality compared to the indications mentioned on the order form to the SELLER.

Beyond this period, any claim will be rejected.

The formulation of this claim to the seller may be made to the seller's address.

Provisions related to consumer’s rights

The website’s customer service is accessible from Monday to Friday from 9:00 AM to 6:00 PM at the following non-premium rate telephone number: + 33 (0) 1 41 38 26 62, or by email at the following address contact@lesjardinsdelacomtesse.com, or by mail at the following address: LJCInternational, Customer Service, 21 rue Gardenat Lapostol, 92150 Suresnes - France. In the last two cases, the publisher commits to provide a response within 2 days. 

In accordance with the legislation in force, consumers have a period of 14 days from the date a package is received to request an exchange or refund. In order to exercise this right, it is their responsibility to return (at their expense) the parcel in its original packaging, to the address of the company’s headquarters: YOA International, After-sales Service, 21 rue Gardenat Lapostol, 92150 Suresnes - France, accompanied with a letter requesting either a refund or an exchange. The refund will take place as soon as possible and at the latest within 15 days following the date of the withdrawal. 
Products must be returned in their entirety, in their original, complete and intact packaging, and in a perfect state of resale. Any product that has been damaged, or whose original packaging is damaged will be neither reimbursed, nor accepted back, nor exchanged. This right of withdrawal is exerted without penalty, except for the return shipping costs. In the event a consumer exercises his right of withdrawal, he has the choice to ask for either refund of sums paid or a product exchange. In the case of an exchange, re-shipping will be at the consumer’s expense.


In accordance with the provisions of articles L121-20 and additions from the Consumer Code, you can under no circumstances exercise a right of withdrawal for the following products:

·       goods whose price depends on fluctuations in financial market rates

·       goods made according to the consumer's specifications or clearly personalized or which, because of their nature, cannot be re-shipped or are likely to deteriorate or expire rapidly

·       audio or video recordings or computer software if they are unsealed by the consumer

·       newspapers, periodicals or magazines

Guarantee for products purchased on the website

Objects purchased on this site have a conventional guarantee offered by the seller. The duration of the guarantee is likely to vary depending on the product and will be detailed on each item’s product page. This guarantee is in addition to the guarantee against latent defects defined by the Civil Code as well as the guarantee of good compliance imposed by Article L211-5 of the Consumer Code which is, when required, still applicable and defined above. 

The consumer is specifically informed that the seller is not the manufacturer of the products presented on the site, unless information to the contrary is stated, and that the seller disclaims any liability for defective products. 

Consequently, in case damage is caused to a person or property by failure of the product, only the manufacturer’s liability may be sought by the consumer on the basis of the information contained on the packaging of said product.

The warranty period is one year (1 year). All products modified or repaired by the customer or by any entity other than the providers chosen by the seller are excluded from this guarantee. 

The guarantee may be extended according to the terms specified on the website. 

Member space

Creation of a personal space is a prerequisite for any user to place an order on this site. To this end, the member will be asked to provide certain personal information. The member commits to providing accurate information, or he may be subject to cancellation of the contract and deletion of the customer account by the publisher. Some information will be deemed essential to enter into the contract, and collecting it may be necessary to create a personal space and validate the contract. A member’s refusal to provide such information will prevent the creation of a personal space and as a result, validation of the order. 

This space allows the customer or member to view all his orders on the website, and also, where appropriate, allows him to track delivery of the purchased goods. 

If the information contained in the personal space disappears as a result of unforeseeable circumstances, technical failure, or a force majeure event, the site’s publisher may not be held liable, as this information has no probative value and is for informational purposes only. However, the publisher commits to secure all contractual elements required by the act or by regulations in force.   

 
Personal space pages are freely printable by the account holder in question, but they do not constitute evidence. They are for informational purposes only and are intended to ensure that the customer can effectively manage orders. 

When creating the personal space, the user is prompted to choose a password. This password guarantees the confidentiality of the information contained in the 'My Account' section, and the user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the website cannot be held liable for any unauthorized access to the user's account. 

The publisher reserves the exclusive right to delete the account of any member who breaches these terms and conditions (including but not limited to a member knowingly providing false information when registering and creating his personal space) or any account that has been inactive for at least a year. This deletion is not likely to constitute damage to the excluded member, and the member will not be able to claim compensation as such. 

This exclusion does not prevent the publisher from pursuing judicial prosecution against the member when the facts justify such action.

Publisher’s Newsletter 

By checking the box provided for this purpose or by expressly agreeing to it, members agree that the publisher can provide a newsletter (informational) that may contain information related to his activity on the site, at a frequency and in a form determined by the publisher. 

When the user checks the box provided for this purpose, he agrees to receive commercial offers from the site’s publisher for products and services similar to those ordered. 

Subscribed members shall have the right to unsubscribe from the newsletter by clicking on the link provided for this purpose, which will appear in each newsletter. 

Notices related to the Freedom and Information Act of 6 January 1978

Internet users have the freedom to provide their personal information. Providing personal information is not required to navigate the website. However, registration on this site assumes that the publisher will collect certain personal information about internet users. Internet users who do not wish to provide information necessary to use the services offered by this site as well as, where appropriate, the information necessary to create a personal space, may not use the services provided by the site publisher nor place an order on this site. 

As part of placing an order on this site, information about payment-related data, including the bank card number and its use for commercial identification, is subject to the consent of the person concerned, through the various forms offered on the site. 

The information collected is necessary for the proper administration of the services offered on this site, as well as to respect the publisher’s contractual obligations. This data is stored by the publisher, and the publisher commits to not use it in any other context, nor transmit it to third parties, except with the user’s express agreement or in cases provided for by law.

Contact information for all registered users on this site is saved for 60 months, the reasonable amount of time necessary for the proper administration of the site and normal use of the data. This data is kept in secure conditions, according to the current technical methods, in compliance with the provisions of the Freedom and Information Act of 6 January 1978. 

In accordance with the Act, users have the right to object, question, access, and correct the information that they have provided. To do this, simply make a request to this site’s publisher at the following e-mail address: contact@ljcinternational.com, or by postal mail at the publisher’s headquarters address mentioned at the top of these terms and conditions. 
Personal data collected is subject to digital processing and is reserved exclusively to the site publisher. 
The processing manager is Claudia Teixeira Ghiringhelli, whose contact information is shown at the top of these terms and conditions. 
Personal data collected are not subject to any transfer abroad. 
Declarant Number: 1557541v0 


In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of all users. This IP address will be collected anonymously and will be retained for the same duration as the personal information. It will only be used to allow for proper administration of the services offered on this site. The IP address is a series of numbers separated by periods allowing for the unique identification of a computer on the internet. 

The publisher must communicate to the police all personal data relating to a user (upon request from a court) or to any person (by order of a judge). Your computer’s IP address may be reconciled with the actual identity of the subscriber held by the ISP (internet service provider). 

Notices related to the collection of "cookies”

In order to allow all users optimal navigation on this site as well as better functioning of the different interfaces and applications, the publisher may proceed with implantation of a cookie on the user’s computer. This cookie is used to store navigation-related information (date, page, times, etc.) as well as any data entered by users during their visit (searches, login, email, password, etc.). These cookies are meant to be stored on the user’s computer for a variable period of up to 10 months and can be read and used by the publisher during a subsequent visit by the user to this site. 

Publisher’s exemption from liability in executing this contract

In the event the site is inaccessible due to technical problems or any other type, the user or the customer will not be entitled to damages nor claim any compensation. 

In the event a package is delivered that is clearly and visibly damaged, it is the customer’s responsibility to refuse it, in order to take advantage of the guarantee offered by the carrier. The customer must also inform the seller as quickly as possible, so a new package can be prepared for him. Then the new package will be shipped as soon as the damaged package is returned. In such case, delivery periods indicated above in these terms and conditions shall no longer apply. 

 
The unavailability of one or more products, even over an extended period without any limitation, cannot constitute harm to users and may not give rise to awarding damages and interest from the site or its publisher. 

The visual representations of products published on this site are guaranteed by the publisher as perfectly faithful to reality, in order to meet the site’s obligation of providing correct information. However, with the state of current technology, the rendering of these representations, especially in terms of color or shape, may significantly vary from one computer to another, or differ from reality according to the quality of on-screen graphics or the screen display resolution. These variations and differences may in no event be attributed to the publisher, who may not, in any case be held liable for such.  

The hypertext links on this site may send users to other internet sites, and the site publisher cannot be held liable if the content of these sites violates legislation in force. Similarly, this site’s publisher cannot be held liable if the user’s visit to one of these sites causes any harm. 

Intellectual property rights related to items published on this site

All elements comprising this site belong to the publisher and as such are protected by intellectual property legislation. 

Therefore, users recognize that, without authorization, any total or partial copy and dissemination or use of one or more of these items, even modified, will likely give rise to legal proceedings conducted against them by the publisher or its rights holders. 

This protection applies to all of the site’s text and graphics and also to its structure, name, and graphic layout.

Various clauses

These general terms and conditions are subject to the application of French law.

 
These general terms and conditions may be modified at any time by the site publisher or a representative. The general terms applicable to the user are those in force on the day he logs in and/or places an order on this site. The publisher obviously commits to maintain all former general terms and to send them to any user that requests them. 

Except for public policy provisions, all disputes that may arise in the execution of these general terms may be subject to this site publisher’s amicable settlement before any legal action takes place.  Express reminder is given that any request for an amicable settlement does not set aside the deadlines fixed for instigating legal action.  

 
If one of the clauses of these general terms were to be declared void by a court decision, this nullification cannot cause all other clauses to be void. They would remain in effect. 
 

The fact for the publisher to not temporarily or permanently prevail on one or more clauses of these general terms does not in any way comprise a waiver to prevail on the rest of the general terms. 

Privacy and Personal Data Policy

1. Identity of our controller

The information collected about you is processed by OXATIS, our Data Protection Officer.

2. Personal data collected

When shopping on our website, you are likely to enter your personal data (when creating an account, a request for

contact). Please note that we only ask for personal data for which we have a real use in order to personalise the

messages we send to you.

The personal data that can be collected on our site www.lesjardinsdelacomtesse.com is the following:

- Account creation: your account, first name, date of birth, postal address, email address, telephone number and your

connection data are registered when creating your account.

- Information from third parties: Some of your data (in particular your last name, first name and telephone number and/or

postal address) may have been sent to us, with your prior agreement, by our partners.

- Contact: When filling in the contact form, your name, email address, telephone number and your message are collected.

- Analysis tools: Our website uses analysis tools such as Google Analytics. To work, Google Analytics uses "cookies" to

analyse site usage by users (e.g. most visited pages). Through these cookies, we collect your browsing data on the site as

well as your IP address. The data retention period is 26 months.

We use Google Analytics to regularly analyse and improve our website so that it meets your expectations as much as

possible.

If you wish, you can of course refuse the use of cookies via your browser.

Information about our partner Google regarding their privacy policy: https://www.google.com/analytics/learn/privacy.html?

hl=en

All of this data is collected for the purpose of managing online purchases made by customers, improving our service and

products as well as the content we provide. As an e-commerce site, our legal basis is the execution of the sales contract.

3. Cookies

A cookie is a text file posted when you visit an online site, application or advertisement and stored in a specific area on

your computer or mobile device's hard drive. Cookies are managed by your Internet browser and only the sender of a

cookie can decide to read or modify the information contained therein.

You can also set your browser to send a code, indicating to the websites you do not want to be tracked ("Do not track"

option).

Google Chrome

https://support.google.com/chrome/answer/114836

Apple Safari

http://support.apple.com/kb/PH11952

Mozilla Firefox

https://support.mozilla.org/fr/kb/comment-activer-option-ne-pas-pister

Microsoft Internet Explorer

http://windows.microsoft.com/fr-fr/internet-explorer/use-tracking-protection#ie = ie-11

Microsoft Edge

https://privacy.microsoft.com/fr-fr/windows-10-microsoft-edge-and-privacy

If you decide to erase your cookies, be aware that any preferences you may have set will be lost. In addition, if you block

all cookies, many websites (including ours) will no longer function properly.

The cookies we use:

- Functional cookies: Functional cookies allow us to remember your choices (such as your username, your

language) and to offer improved features. These cookies can also be used to remember changes you made to

the font or font size as well as other customisable parts of the web pages. They also allow you to remember

what you put in your shopping basket.

- Google Analytics cookies: These cookies allow us to analyse how users use our website over 26 months via the

Google Analytics platform.

- Social network cookies: Lesjardinsdelacomtesse.com uses social media plug-ins, mainly Facebook and Twitter,

which allow you to interact via social networks. If you click on a social network button on the site, cookies may

be posted or read by this social network. Check their cookie policy:

4. Personal rights of the user

In accordance with the Information Technology, Data Files and Civil Liberties Act of 6 January 1978 as amended and

European Regulation n°2016/679 of 27 April 2016 (applicable from 25 May 2018), you have the following rights over all

your data:

- The right to update your data, (You can update your data in the "My Account" area)

- The right to delete your data, (Access the right to be forgotten form)

- The right to access your data,

- The right to move your data, (Access the right to move your data form)

- The right to withdraw your consent concerning the use of your contact details to receive offers and promotions via

email, SMS messages or phone calls.

You have the right to access and modify all of your personal data in the section "My Account", "My Personal Info", subject

to their accuracy.

You may, subject to the presentation of a valid identity document, exercise your rights to access, move and delete your

data by contacting LES JARDINS DE LA COMTESSE:

At the following email address: contact@ljcinternational.com

5. Data retention period

Personal data will be kept at least as long as the law requires it.